“You already had a bad back.” “You had arthritis before the crash.” “Your neck pain is from your prior accident, not this one.”
These are among the most common defenses insurance companies use to minimize or deny Pennsylvania personal injury claims. If you had any prior medical issues, the insurer will almost certainly try to argue your current injuries are not really their driver’s fault. The good news is that Pennsylvania law protects injured people with pre-existing conditions in important ways, and the right legal strategy can defeat these defenses.
At Gieg & Jancula, our attorneys have handled personal injury claims across central Pennsylvania for more than 80 years. One of our partners spent years defending insurance companies before joining the firm, so we know exactly how insurers use pre-existing conditions to lowball valid cases. Call us at 814-946-1606 for a free consultation if your claim is being challenged.
Pennsylvania’s Eggshell Plaintiff Rule
Pennsylvania follows a legal principle known as the “eggshell plaintiff” or “take your victim as you find them” rule. Under this doctrine, a defendant is responsible for the full extent of the harm they cause, even if the plaintiff was unusually vulnerable to injury because of a pre-existing condition.
In plain English: if a negligent driver rear-ends you on I-99 and your prior back condition means the crash causes much worse injuries than it would have caused someone else, that driver is still responsible for all of your damages. Pennsylvania courts have consistently applied this rule in both auto accident and premises liability cases.
The eggshell plaintiff rule is one of the most important legal protections for injured people with any prior medical history. Our personal injury attorneys rely on it in virtually every case involving a client with pre-existing conditions.
Common Insurance Company Tactics
Despite the eggshell plaintiff rule, insurance companies routinely try to use pre-existing conditions against injured plaintiffs. The three most common tactics:
1. Blaming All Pain on the Prior Condition
Adjusters will argue your current symptoms are simply a continuation or worsening of a pre-existing problem. If your medical records show you ever complained of back pain, neck pain, headaches, or joint pain, expect this argument.
2. Demanding Years of Medical Records
Insurance companies will request five, ten, even twenty years of medical records to search for anything they can use against you. The scope of these requests often goes far beyond what the law requires. An experienced attorney will narrow these requests to records that are actually relevant to the injured body parts.
3. Hiring Defense Medical Experts
In contested cases, insurers hire doctors to review your records and conclude your current injuries are from the pre-existing condition, not the accident. These “experts” are paid by the insurance industry and testify in dozens or hundreds of cases per year. Our attorneys know how to challenge their credibility and present credible counter-expert testimony.
Aggravation of a Pre-Existing Condition
A key legal concept in Pennsylvania is “aggravation” of a pre-existing condition. You do not have to prove the accident caused a brand-new injury. You only have to prove the accident made your pre-existing condition worse than it would have been otherwise.
For example, if you had asymptomatic degenerative disc disease (which many people over 40 have without knowing it) and a car accident caused that condition to become symptomatic and require treatment, the defendant is responsible for the entire course of treatment. The same principle applies to arthritis, prior fractures that now cause new problems, previous concussions, and many other conditions.
Documentation is critical. Your attorney will work with your treating physicians to clearly establish:
- What your baseline condition was before the accident
- How the accident changed that condition
- What treatment is specifically needed because of the accident
- What future care is likely required
Common Pre-Existing Conditions in PI Cases
Insurance companies regularly try to use the following pre-existing conditions to reduce or deny claims:
Prior Back and Neck Injuries
Previous whiplash, disc herniations, sprains, and strains are the most common prior conditions insurers try to exploit. Degenerative changes to the spine are nearly universal in adults over 40 and often show up on MRI even in people who had no symptoms before an accident.
Previous Head Injuries
Prior concussions can complicate traumatic brain injury claims, especially when the injured person is young and active. Documentation of pre-accident cognitive function (school records, employment records, family observations) can be crucial.
Arthritis and Degenerative Joint Disease
Nearly everyone has some degree of degenerative changes to their joints by middle age. Insurance companies routinely argue that current knee, shoulder, or hip pain is just arthritis, not the accident.
Mental Health Conditions
Prior anxiety, depression, or PTSD can be aggravated by a traumatic accident. Insurance companies may try to use mental health history to question the credibility of a claimant.
Prior Workplace Injuries
Clients with prior workers’ compensation claims face extra scrutiny. Insurance companies will search workers’ comp records looking for anything that resembles the current injury.
How to Protect Your Pennsylvania Injury Claim
If you have a pre-existing condition, taking the right steps from the start can save your case.
Be Honest With Your Doctors
Tell every treating physician about your pre-existing conditions. Trying to hide prior issues will backfire when the insurance company pulls your medical records.
Get Prompt Medical Treatment
See a doctor as soon as possible after the accident. Gaps in treatment give insurance companies an excuse to argue your injuries were not serious or were from the pre-existing condition.
Document Baseline Function
If you have been in treatment for a prior condition, request copies of recent records. Pre-accident imaging, functional capacity exams, and treatment notes establish the “before” picture.
Avoid Giving Recorded Statements
Insurance adjusters are trained to ask leading questions about prior conditions. Do not give recorded statements to the other side’s insurance company before talking to an attorney.
Hire an Experienced Lawyer Early
Pre-existing condition cases require strategy from day one, including coordination with medical providers, careful discovery responses, and expert witness planning. Our firm regularly handles complex cases involving prior injuries, and our case results include substantial recoveries for clients who had meaningful pre-existing conditions.
The Two-Year Deadline Still Applies
Even if your case involves aggravation of a long-standing condition, Pennsylvania’s two-year statute of limitations runs from the date of the accident, not the date your symptoms resurface. Waiting too long will cost you your claim.
Frequently Asked Questions
Can I still recover compensation if I had a prior injury?
Yes. Pennsylvania’s eggshell plaintiff rule protects injured people with pre-existing conditions. You can recover damages for the aggravation of a prior condition even if you cannot prove the accident created a brand-new injury.
Do I have to disclose my pre-existing conditions?
Yes. Trying to hide prior medical history will damage your credibility and your case if the insurance company discovers it through records requests. Being upfront with your attorney and treating physicians is the best strategy.
Will the insurance company get all my medical records?
In litigation, you generally must provide records relevant to the injured body parts. Insurance companies often ask for broader records than they are entitled to. An experienced attorney can object to overly broad requests and protect your privacy.
Does aggravation of a pre-existing condition reduce my recovery?
Not necessarily. If the accident caused significant aggravation and the defendant is responsible for the full worsened condition, your recovery can be substantial. The key is proving how the accident changed your pre-existing condition for the worse.
Talk to a Pennsylvania Personal Injury Lawyer Today
Do not let an insurance company use a pre-existing condition to minimize your claim. The right legal strategy can protect your right to full compensation. Call Gieg & Jancula at 814-946-1606 or reach us through our contact page for a free consultation. No fees unless we win.